Discrimination

“Discrimination is a plague that hurts corporate productivity and steals the dignity of all mankind.” OCyrus Hinton, Esq

It is illegal to discriminate in hiring, promotions, termination (known as wrongful termination) or other aspects of employment on the basis of a person’s race, gender, national origin, religion, disability, or age, or to retaliate against an individual for opposing such practices, or consulting an attorney or the United States Equal Employment Opportunity Commission (EEOC) or equivalent state entity

Employment discrimination and wrongful termination claims can be difficult because the employee has to prove that the reason he was fired (wrongful termination), not hired, not promoted, or otherwise harassed is because of his (or her) “protected classification”. By protected classification, we mean a person’s gender (male or female), race (black or white), national origin (Hispanic, Asian, African, or having parents or grandparents from anywhere outside of the United States), age (over 40), or disability. In this sense, the employee has to prove why the company did it.

In the case of religious discrimination, and disability discrimination, it may also be illegal for an employer to deny reasonable accommodations to an employee. For example, absent extenuating circumstances, an employer cannot require a person to violate his or her religious beliefs such as working on the Sabbath, eating a forbidden food, or using alcohol if doing so is against the person’s religious principles. Instead, the employer must make an accommodation enabling the employee to do his job without violating his religion. Similarly, an employer must accommodate the disabilities of its employees if those disabilities meet certain standards. If a company terminates an employee without considering an accommodation, this too can be wrongful termination.

This page discusses the proof, definition, and pitfalls of employment discrimination and wrongful termination claims (wrongful termination is a kind of discrimination.) Other pages specifically address the different kinds of employment discrimination: